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Class action’s bid for ‘invasive’ search of Merivale’s payroll data fails
Class Actions 2022-03-31 12:42 pm By Cindy Cameronne

A judge has denied an “invasive” bid to search hospitality giant Merivale’s payroll systems ahead of an upcoming mediation in a $129 million underpayment class action covering 13,500 employees.

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Judge says vaccine lawsuit against Monash Health was not ‘doomed to fail’
COVID-19 2022-03-31 7:06 pm By Sam Matthews

A judge has declined to award costs against a group of nurses who recently dropped their Fair Work lawsuit against Monash Health, saying the case was not “doomed to fail” and noting the “extremity” of the Victorian government’s vaccine mandate for workers.

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High Court won’t hear ALP members’ challenge to federal takeover of election
High Court 2022-03-31 10:49 pm By Cat Fredenburgh

The High Court has declined special leave to members of the Victorian Labor party to challenge a judge’s finding that the pre-selection of ALP candidates in Victorian electorates by federal administrators during their takeover of the state party was lawful.

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7-Eleven class action lawyer accused of retaliation, deliberate late billing
Class Actions 2022-03-30 9:39 pm By Cindy Cameronne

A solicitor running two franchisee class actions against 7-Eleven “retaliated” against a group member who objected to a $98 million settlement and issued a late $6.5 million legal bill to benefit a litigation funder, a court has heard.

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Romeo’s class action settlement issues put approval in doubt, judge says
Class Actions 2022-03-30 6:52 pm By Christine Caulfield

Questions raised about the structure of a settlement of two wage class actions against supermarket chain Romeo’s don’t just threaten to reduce the law firm’s costs but could derail the whole agreement, a judge has said.

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Former Australian cricket captain may take stand in harassment case over lewd texts
Employment 2022-03-30 4:46 pm By Sam Matthews

A court has heard that Cricket Tasmania may call former Australian test captain Tim Paine to give evidence in the witness box at a trial in a sexual harassament case by former receptionist Renee Ferguson against cricket players and senior managers.

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Contradictor backs $98M class action settlement given 7-Eleven’s ‘significant’ risk of losing at trial
Class Actions 2022-03-29 10:20 pm By Cindy Cameronne

A $98 million settlement reached in two franchisee class actions against 7-Eleven is “appropriate” given the likelihood that the convenience store giant would have lost at trial, according to a contradictor who urged the court to reject a $25 million cut sought by the funder that backed the litigation.

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Airbags class action judge failed to grapple with ‘unknowable’ explosion risk, appeals court hears
Class Actions 2022-03-29 11:01 pm By Sam Matthews

The plaintiff in a class action against Volkswagen over allegedly deadly Takata airbags has told an appeals court his case was misunderstood by the trial judge, who found he failed to prove that cars fitted with the airbags were not of acceptable quality.

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Liquidators can bring claims against Steller Development directors over $300M collapse
Restructuring & Insolvency 2022-03-29 6:24 pm By Miklos Bolza

A judge has allowed the liquidators of Melbourne-based Steller Development to bring proceedings against its directors, the latest claims to be leveled in the wake of the developer’s 2019 collapse, which left an estimated $300 million owing to creditors.

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New evidence allowed in $300M lawsuit over ‘defective’ Lane Cove Tunnel construction
Construction 2022-03-29 3:27 pm By Sam Matthews

The operators of Sydney’s Lane Cove Tunnel can rely on new expert evidence in their lawsuit against Thiess, John Holland and CIMIC over alleged defects in the construction of the billion-dollar tunnel, with a judge finding there is a public interest in discovering the true cause of any defects.

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